On discrimination in the application of the right to procedural indemnity in court proceedings in Belgium 

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Petitionsausschuss des Europäischen Parlaments
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Dies ist eine Online-Petition of the European Parliament.


The petitioner states that, according to the Belgian procedural code, the unsuccessful party to court proceedings is compelled to pay a procedural indemnity to the successful party. The party who does not want, or cannot be assisted by a lawyer can - on the contrary - never receive a procedural indemnity even if found to be successful in the claim. Such an unassisted party can however be compelled to pay a procedural indemnity to the successful party in case it loses the case. The petitioner finds this rule to be discriminatory and a violation of the EU Charter on Fundamental Rights, including Article 20 (Equality before the Law) and Article 47 (Right to an effective remedy and to a fair trial). He further believes that this rule hinders access to justice for those who have limited financial means, since not being able to have access to a lawyer already puts them in a disadvantaged situation before the court. The petitioner calls on the European Parliament to help in this matter, in view of raising awareness with the Belgian authorities of this violation of EU rules.

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